Legal Question in Product Liability in Missouri

Hello,

I bought a 65 Mustang on ebay for US$10k.

Looks pretty good value for the price, interior great, paint is average, but quite striking rangoon red, non original colour, 70 yr old owner gives a fantastic description, and is great on the phone and all emails.

Google the owner in Missouri, was the local Banker, Prostate cancer survivor and still a Porsche racer in veteran series.

The last bit makes me think, yeah he know's his car's...

Car arrives in Aust last Friday... Starts first go, as promised, drives good, bar the ole drum brakes, all looks good.

Now in the ad there is a question addressing rust.... (oh oh )

Is there any rust underneath rails etc?

No, all undercoated, none that I can see, only a small amount in the rear wheel wells..

A local Mustang expert finds some rust pretty quick on Saturday when having a looksie... I feel sick... Unfortunately that's not all of it.

The rest is found on Monday on the hoist. Estimate? $10-12,000... chassis rails, rear floor, torque boxes need replacing... Sickness increasing.

Second quote today... $7,500 Worst case scenario... prob around $5,500

Now I've been in contact with the seller since the car arrived, and the owner feels sick about the situation.

He has said he will do what is right, period.

Said not to worry about the car, or himself and that his inspection was totally inadequate and unfair to me to make such a representation on such a serious matter... Said to get all the info for us to make a fair resolution... (quotes)

Now... my question for you is..

What is a fair resolution?


Asked on 10/06/09, 9:57 am

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

The question is: What is the car worth "as is." That is what you purchased. The future rust remediation cost has nothing to do with it. You need to find a reputable classic car appraiser approved by both parties and establish a fair market value for the car as it sits. If you don't want the car in the present shape for the fair market value, the seller should just take it back. Caution: This Answer does not taken into consideration any Ebay rules or other unknown agreement provisions between the parties. The general rule is: Buyer Beware.

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Answered on 10/07/09, 5:21 pm


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